This is a legal agreement between you and the Company. By using the Web and Company’s testing service ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
As a condition of your use of the Website and/or Service, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or your registered account in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use of the Website. You may not attempt to gain unauthorized access to the Website, other user(s)’ accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
See the Privacy Statement disclosures relating to the collection and use of your information.
If any portion of the Website requires you to register as a user in order to access and/or the relevant information or services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and registration information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security by sending an email to email@example.com. Company will not be liable for any loss that you may incur as a result of someone else using your password, account or Content, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account, password or Content. You may not use anyone else’s account, password or Content at any time, without the permission of the account holder and Company.
Company does not claim ownership of the materials (the “Materials”) you provide to Company. However, by posting, uploading, inputting, providing or submitting (“Posting”) the Materials, you grant Company and its affiliates permission to use your Materials in connection with the operation of the Website and providing the Service, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat the Materials; to publish your identity in connection with your Materials; and the right to sublicense such rights to any service provider of Company. No compensation will be paid with respect to the use of the Materials. Company is under no obligation to use any Materials you may provide and Company may remove any Materials at any time in its sole discretion for any reason or no reason at all, with or without notice.
By submitting any Materials to Company or Website, (i) you represent and warrant that you own or otherwise control all of the necessary rights to the Materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials, (ii) you represent and warrant that you either own all the applicable copyright or have all the appropriate license(s) to use and post such Content on the Website and that none of the Content is violent, offensive, obscene, invades anyone’s rights (including, but not limited to, intellectual property right, right of privacy and right of publicity) or violates any applicable laws, rules or regulations; (ii) you grant Company and its affiliates and service providers an irrevocable, perpetual, royalty free, fully paid, worldwide, license, with the right to sublicense, to post, edit, modify, create derivative works from, duplicate, distribute, publicly display and publicly perform said Content anywhere in the world, in any format; (iii) you agree to notify Company of any illegal conduct that you observe in connection with your account or Materials you submit, (iii) you allow Company to delete said Content at any time for any reason or no reason at all.
EVEN IF THE COMPANY MAY CHARGE FEES FOR YOUR USAGE OF THE WEBSITE AND/OR SERVICE, THIS WEB SITE IS OFFERED “AS IS” TO THE GREATEST EXTENT PROVIDED BY LAW. THE COMPANY IN NO WAY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE USE, OPERATION OR CONTENT OF THIS WEB SITE OR ANY OTHER WEB SITE LINKED TO OR ADVERTISED ON THE WEB SITE. THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAY MODIFY, DISCONTINUE OR CHANGE ANY SERVICES IT PROVIDES AT ANY TIME, WITH OR WITHOUT NOTICE, AND WITHOUT ANY LIABILITY WHATSOEVER.
Some states or jurisdictions do not allow the exclusion of implied warranties, or conditions or limitations on how long an implied warranty may last, so the above limitations may not apply to you. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
To the greatest extent permitted by law, the Company shall not be liable for any loss or damages (whether direct, indirect, consequential, incidental, or otherwise) resulting from any use of this Website and/or Service. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMPANY OF THE LINKED SITE.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES AND NOTICES MUST BE EMAILED TO LEGAL@TESTIN.IO IN ORDER TO BE CONSIDERED AS A VALID NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE LAW.